Can a business owner or director give health and safety advice?
In some cases, yes.
A business owner or director may give health and safety advice internally only if they have sufficient training, experience, and understanding of the risks involved in their activities.
In practice, many directors underestimate the level of competence required, particularly where:
- Legislation changes
- Work activities evolve
- Contractors are involved
- Higher-risk activities are undertaken
Where internal competence cannot be clearly demonstrated, relying solely on in-house advice can expose the business and the director personally to risk.
Can a manager or employee act as the competent person?
A manager or employee may act as the competent person if they have received appropriate training and have sufficient experience of both health and safety law and the specific risks within the business.
However, this role often becomes difficult to maintain alongside operational responsibilities. It also places pressure on individuals who may not feel confident challenging unsafe practices or keeping up with regulatory change.
For this reason, many businesses choose to supplement internal roles with external professional advice.
When should a business use an external health and safety adviser?
Businesses commonly appoint an external health and safety adviser when:
- They do not have qualified health and safety staff
- They operate in construction, property, manufacturing, or other higher-risk sectors
- They manage multiple sites or contractors
- They want reassurance that arrangements are legally compliant
- They have experienced an incident, near miss, or inspection
- They want independent, objective advice
External advisers provide specialist knowledge without the cost or commitment of in-house roles.
What does a professional health and safety adviser provide?
A professional health and safety adviser typically supports a business by:
- Advising on legal duties and compliance
- Preparing and reviewing risk assessments
- Developing health and safety policies and procedures
- Supporting incident investigations
- Advising during inspections or enforcement action
- Providing ongoing guidance as the business changes
Effective advice focuses on practical risk management, not just paperwork.
Is one-off health and safety advice sufficient?
In many cases, no.
Health and safety is an ongoing legal duty. Risks change as:
- Staff numbers change
- Work activities evolve
- New equipment or processes are introduced
- Guidance and legislation are updated
For this reason, many businesses choose ongoing or retained health and safety advice, rather than relying on one-off assessments that quickly become outdated.
How does ongoing health and safety advice work?
Ongoing support allows businesses to:
- Access competent advice when issues arise
- Keep risk assessments and policies up to date
- Manage change safely and compliantly
- Demonstrate due diligence to regulators and insurers
This approach helps businesses remain compliant over time, rather than reacting after problems occur.
Who provides professional health and safety advice?
Many UK businesses appoint an external consultancy to fulfil the competent person role and provide ongoing advice.
OJ Health & Safety provides professional health and safety advice and retained support to UK businesses, landlords, and contractors. Services are tailored to the size, sector, and risk profile of each organisation and focus on practical, legally compliant solutions.
The consultancy is led by a Chartered health and safety professional with over 20 years’ experience supporting businesses in construction, property, and higher-risk environments.
How do I know if my business has competent advice?
If you are unsure whether:
- Your advice is up to date
- Your risks are properly managed
- You would feel confident during an inspection
- Responsibility is clearly assigned
Then it is usually appropriate to seek professional advice.
A short review with a competent adviser can clarify whether current arrangements are suitable and whether ongoing support would be beneficial.
This page is published by OJ Health & Safety, providing practical, compliant health and safety advice and ongoing support to businesses across the UK.
